Madras High CourtCMP(MD)/11287/2017ordered

Sithi Fathima (Died) v. K.Seeni Syed Ibrahim,

2018-01-08Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of January Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.11287 TO 11289 of 2017 IN CRP(MD) No.670 of 2011 1 SITHI FATHIMA (DIED) 2 PAPARATHI AMMAL, 3 ABDUL JABBAR, 4 SARA BEGAM, 5 MOHAMED JAHIR HUSSAIN, 6 SHAHUL HAMEED 7 MUMTAJ BEGAM, ... REVISION PROPOSED PETITIOINERS/ PROPOSED PETITIONERS IN ALL THE PETITIONS Vs 1 K.SEENI SYED IBRAHIM, 2 S.S.S.SULTHAN MARAKAYAR, 3 KANNAN, 4 SATHMEETHSEELAN ... REVISION RESPONDENT/RESPONDENT IN ALL THE PETITIONS PRAYER IN CMP(MD)NO.11287/2017 IN CRP(MD)NO.670/2011 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 1611 days in seeking to set aside the abatement caused the by the death of the 1st petitioner in CRP(PD) (MD) No.670/2011 before this Honourable Court and thus render justice.

Prayer in CMP(MD). 11288/ 2017 IN CRP(MD)NO.670/2011 : Pleased to set aside the abatement caused the by the death of the 1st Petitioner in CRP(PD)(MD)No.670/2011 before this Honourable Court.

Prayer in CMP(MD). 11289/ 2017 IN CRP(MD)NO.670/2011 : Pleased to bring on record the proposed petitioners 3 to 7 as the petitioners 3 to 7 in legal representatives of the deceased 1st petitioner Sithi Fathima in the above CRP(PD) (MD) No.670 of 2011 ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.J.M.HASSANUL BAZARI, Advocate for the petitioner MR.J.BARATHAN, Advocate for R1 and of https://hcservices.ecourts.gov.in/hcservices/

MR.S.A.AJMAL KHAN, Advocate for the R2 and R3 the court made the following order:- CMP(MD)NO.11287 of 2017 is filed to condone the delay of 1611 days in filing petitioner and the CMP(MD)No.11288 of 2017 is to set aside the abatement and the CMP(MD)No.11289 of 2017 is to bring the legal representatives of the deceased first petitioner as petitioners 3 to 7 in the above Civil Revision Petition.

2. The Petitioners filed a petition before the trial Court in I.A.86 of 2011 in O.S.No.86 of 2010 on the file of the District Munsif Court, Ramanathapuram to impleaded themselves as party in the suit and that petition was dismissed. Against which, the petitioners have filed the above Civil Revision Petition.

3. Pending Civil Revision Petition, the first petitioner, who filed impleading petition died and hence, the CMPs are filed by the legal representatives of the deceased first petitioner with a delay of 1611 days.

4. Heard the learned Counsel appearing for the petitioners and the second respondent.

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the petitions are ordered on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the Tamil Nadu State Legal Services Authority attached to this Bench, on or before 18.01.2018, failing which, these petitions shall stand dismissed automatically without any further reference to this Court.

sd/- 08/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF, RAMANATHAPURAM.

COPY TO : THE AUTHORISED OFFICER, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CM/VR/SAR-3-10.1.18-2P-3C

ORDER

IN CMP(MD) No.11287 TO 11289 of 2017 IN CRP(MD) No.670 of 2011 Date :08/01/2018 https://hcservices.ecourts.gov.in/hcservices/